(1)Before a claim may be
presented, the decedent's estate must first have been commenced in a court of
appropriate jurisdiction by the filing of an application or petition pursuant to part 3
or 4 of this article. A claimant may thereafter present a claim only by:
(a)Filing a written statement of the claim with the clerk of the court, in the
form approved by the supreme court, whether or not a personal representative has
been appointed;
(b)Delivering or mailing a written statement of the claim to the court-appointed personal representative; or
(c)In the case of a claimant who has a claim described in section 15-12-803
(1), presenting a claim by commencing a proceeding against the personal
representative in the court where the personal representative was appointed to
obtain pa
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(1) Before a claim may be
presented, the decedent's estate must first have been commenced in a court of
appropriate jurisdiction by the filing of an application or petition pursuant to part 3
or 4 of this article. A claimant may thereafter present a claim only by:
(a) Filing a written statement of the claim with the clerk of the court, in the
form approved by the supreme court, whether or not a personal representative has
been appointed;
(b) Delivering or mailing a written statement of the claim to the court-appointed personal representative; or
(c) In the case of a claimant who has a claim described in section 15-12-803
(1), presenting a claim by commencing a proceeding against the personal
representative in the court where the personal representative was appointed to
obtain payment of the claim. A claimant having a claim described in section 15-12-803 (2) may present a claim by commencing a proceeding against the personal
representative in any court where the personal representative may be subjected to
jurisdiction under the rules of civil procedure or statutes of this state to obtain
payment of his or her claim against the estate. In order to constitute a timely
presentation of a claim, the commencement of any proceeding under this
paragraph (c) must occur within the time limited for presenting the claim. Time
limits on proceedings to enforce timely presented claims are determined by section
15-12-806 (1) and not by this paragraph (c).
(2) Unless presentation is made pursuant to paragraph (a) of subsection (1) of
this section, a claim against a decedent's estate is not validly presented by
delivering or mailing a claim to any person unless that person has been appointed
by the court or registrar of the court as the personal representative of the
decedent's estate prior to the time the presentation is attempted.
(3) A personal representative's knowledge that a creditor could bring a claim
against an estate shall not be treated as a valid substitute for the proper
presentation of a written claim authorized by subsection (1) of this section.
(4) Each written statement of a claim shall include:
(a) A request or demand for payment from the decedent or the estate; and
(b) Sufficient information to allow the personal representative to investigate
and respond to the claim, including the basis of the claim, the name and address of
the claimant, and the amount claimed.
(5) Except in the situation where a special administrator has been formally
appointed with specific powers to deal with the specific claim being presented or
has been formally appointed to deal with claims generally under this part 8, a
special administrator appointed in informal proceedings, or a special administrator
who lacks the powers and authority of a general personal representative, is not a
personal representative to whom presentation of a claim may properly be made.
(6) A claim shall be deemed presented on the date that the court-appointed
personal representative receives the written statement of claim or the date the
claim is filed with the court, whichever is earlier. If a claim is not yet due, the claim
shall state the date when it will become due. If the claim is contingent or
unliquidated, the claim shall state the nature of the uncertainty. If the claim is
secured, the claim shall describe the security. Failure to describe correctly the
security, the nature of any uncertainty, or the due date of a claim not yet due does
not invalidate the presentation made.
(7) The personal representative shall inform any interested person, upon
request, as to the existence, amounts, and nature of all claims against the estate
that are known to him or her, but the personal representative shall not be required
to express any opinion as to the probable outcome of any claim.
(8) If a claim is presented under subsection (1) of this section, a proceeding
thereon may not be commenced more than sixty-three days after the personal
representative has mailed a notice of disallowance; except that, in the case of a
claim that is not presently due or that is contingent or unliquidated, the personal
representative may consent to an extension of the sixty-three-day period, or, to
avoid injustice, the court, on petition, may order an extension of the sixty-three-day
period, but in no event shall the extension run beyond the applicable statute of
limitations.